Looking for more information on the DTV visa. From my understanding my US employer does not need to register or change taxes at all with me working in Thailand (up to 180 days in calendar year). My understanding under the DTV Is that the companyny does not need to comply to anything due to the stay being under 180 days. Am I missing something?
Right now the only hiccup for the company i work for to allow me to work in Thailand is they believe they will have tax implications.
If I can prove there is no tax liability on the company, they may agree to it. I’m highly favored there and I believe they will bend if it’s between allowing me to work in Thailand or me quitting.
Any advice? Legal documents/references I can show?
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TLDR : Answer Summary
The inquiry focuses on the implications of working remotely in Thailand on a DTV visa for less than 180 days, specifically regarding tax liabilities for the employer and employee. Key points discussed include that if the employee remains in Thailand for fewer than 180 days, there may be no tax implications for the company, as they are not doing business in Thailand. However, the employee could become a tax resident upon exceeding 180 days in a calendar year. To strengthen the case with the employer, consideration of alternative visa options like the LTR remote worker visa is suggested, which may provide tax exemptions.
The business has zero tax liability if it's located abroad not doing business in Thailand. There's only your personal income tax liability on money remitted to Thailand after staying 180 days in a calendar year.
If you are working online for on overseas company on a DTV, that is not "working within Thailand". You are not allowed to have a THAI job, working for a Thai employer, being paid in Thai currency to a Thai bank account, unless all the regulatory boxes are ticked.
it actually would have tax liability in country of origin if employees located in Thailand. That’s the challenge she is facing. And what the accountants are likely telling her
yes, and if you become tax resident of Thailand (stay 180 days) then defer to the Thailand - IRS tax treaty for any tax liability here for you personally. If under 180 days - no issue. But i was referring to your company's tax liability IF they have employees in Thailand (or anywhere). Uncle Sam always wants his share
do you have information on the tax liability if under 180 days? That’s what I’m looking for. Everything I have seen doesn’t mention the company’s liability so I am not sure where I go from here to have a chance. Advice appreciated!!
You become Thai tax resident after 180 days inside Thailand in a calendar year. If you leave before the 180 days and then return nothing resets, you still are within the calendar year and will become tax resident on the 180th day of residence. Tax is only applied to remitted assessable income. If you don’t remit income there is no tax liability.
You'd be in a much better position to argue your point if you can get an LTR remote worker visa. It's much harder to qualify though, but if you do, that one makes you tax exempt completely for overseas income.
you would be able to get a letter/email from the BOI and they have a YouTube video interview with the head of the agency specifically saying that people working in Thailand on LTR remote worker are tax exempt
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